BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 339|
|Office of Senate Floor Analyses | |
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CONSENT
Bill No: SB 339
Author: Wolk (D) et al
Amended: 3/31/11
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 13-0, 4/12/11
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Evans, Hernandez, Padilla, Strickland,
Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Alcoholic beverage: on-sale beer and wine
licenses: bona
fide public eating place
SOURCE : Davis Food Co-operative, Inc.
DIGEST : This bill adds a new provision to the Alcoholic
Beverage Control Act relating to the establishment of
cooking schools as bona fide eating places for the purpose
of obtaining a license to sell beer and wine.
ANALYSIS : Existing law establishes the Department of
Alcoholic Beverage Control (ABC) and grants it exclusive
authority to administer the provisions of the ABC Act in
accordance with laws enacted by the Legislature.
Existing law authorizes the issuance of an on-sale beer and
wine eating place license (Type 41), which authorizes the
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sale of beer and wine for consumption on or off the
premises where sold. Distilled spirits may not be on the
premises (except brandy, rum, or liqueurs for use solely
for cooking purposes). The law also provides that the
licensee must maintain the licensed premises as a "bona
fide public eating place." Minors are allowed on the
premises.
Section 23038 of the Business and Professions Code defines
"bona fide public eating place" as a place which is
regularly and in a bona fide manner used and kept open for
the serving of meals to guests for compensation and which
has suitable kitchen facilities connected therewith,
containing conveniences for cooking an assortment of foods
which may be required for ordinary meals, the kitchen of
which must be kept in a sanitary condition with the proper
amount of refrigeration for keeping of food on said
premises and must comply with all the regulations of the
local department of health.
Section 23038 defines "meals" to mean the usual assortment
of foods commonly ordered at various hours of the day; the
service of such food and victuals only as sandwiches or
salads shall not be deemed a compliance with this
requirement. In addition, "guests" is defined to mean
persons who, during the hours when meals are regularly
served therein, come to a bona-fide public eating place for
the purpose of obtaining, and actually order and obtain at
such time, in good faith, a meal therein.
Existing law also authorizes the issuance of an on-sale
general eating place license (Type 47), which authorizes
the sale of beer, wine and distilled spirits for
consumption on the licensed premises. The law provides
that the licensee must maintain the licensed premises as a
"bona fide public eating place" and minors are allowed on
the premises.
Existing law defines an "on-sale" license as authorizing
the sale of all types of alcoholic beverages: namely, beer,
wine and distilled spirits, for consumption on the premises
(such as at a restaurant or bar). An "off-sale" license
authorizes the sale of all types of alcoholic beverages for
consumption off the premises in original, sealed
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containers.
This bill adds a new provision to the ABC Act relating to
the establishment of cooking schools as "bona fide eating
places" for the purpose of obtaining a license to sell beer
and wine.
Comments
An eating establishment must be considered a "bona fide
eating place" to obtain a license to sell beer and wine for
consumption on or off the premises where sold. Currently,
a cooking school which operates for the purpose of teaching
its students to prepare meals, and which often times
provides students the opportunity to consume the meals
prepared in classes on site, does not meet the requirements
for a "bona fide public eating place" and thus is unable to
obtain a license from the ABC to include appropriate wine
pairings with cooking classes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/2/11)
Davis Food Co-operative, Inc. (source)
Family Winemakers of California
ARGUMENTS IN SUPPORT : According to the author's office,
allowing cooking schools to serve wine with prepared meals
enables the schools to present complete meal options to
students, thus enriching the learning experience.
Individuals must be 21 years of age or older to consume the
alcoholic beverages.
PQ:do 5/3/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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